Brown v. Berryhill

Filing 11

ORDER re parties' 10 Stipulated Motion to Remand. It is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings. Signed by Judge Richard A. Jones. (TH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 JEFFEORY S. BROWN, 11 Plaintiff, 12 vs. 13 Civil No. 3:18-CV-05141-RAJ PROPOSED ORDER COMMISSIONER OF SOCIAL SECURITY, 14 Defendant. 15 Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned 16 case be REVERSED and REMANDED for further administrative proceedings pursuant to 17 sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will direct the 18 Administrative Law Judge to hold a de novo hearing, conduct a complete, new sequential 19 evaluation of Brown’s disability, and issue a new decision. The ALJ shall provide a new evaluation of all of the evidence, including the medical 20 21 evidence, testimony, and lay evidence. The ALJ shall make new findings at step two and step 22 three, and if the ALJ proceeds beyond step three in his or her disability determination, the ALJ 23 shall reassess Brown’s residual functional capacity and shall make a new step four finding and, if 24 Page 1 ORDER - [3:18-CV-05141-RAJ] 1 necessary, a new step five finding. In addition, the ALJ shall obtain new vocational expert 2 testimony, as necessary. 3 Prior to the hearing, the ALJ shall, if necessary, obtain physical and mental consultative 4 examinations of Brown. 5 The parties agree that no specific aspect of the Commissioner’s final decision is affirmed. 6 Upon proper application, Brown shall be eligible for attorneys’ fees under the Equal 7 Access to Justice Act, 24 U.S.C. § 2412 et seq. 8 9 DATED this 25th day of October, 2018. 10 11 A 12 13 The Honorable Richard A. Jones United States District Judge 14 15 16 17 18 19 20 21 22 23 24 Page 2 ORDER - [3:18-CV-05141-RAJ]

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